LICENSING OF PHOTOGRAPHIC IMAGES
All of the images on the Richard Jenkins Photography web site are available for Rights Managed (RM) licensing (also known as Rights Controlled or Rights Protected or ‘Traditional’ licensing). The licensing of an image at any one time is specific to:
- ▪ Type of use (editorial, advertising, etc)
- ▪ Medium (book, brochure, etc)
- ▪ Final size of reproduction
- ▪ Print run of medium (if applicable)
- ▪ Language(s) and territory(ies) of distribution of medium
- ▪ Duration of use required
The price for licensed use of a particular image will also depend upon:
- ▪ Degree of exclusivity of use required
- ▪ How high-profile the intended use is likely to be
- ▪ The uniqueness (or otherwise) of the image
Images are not available for ‘Royalty Free (RF)’ licensing (or for ‘Multiple Use’ licensing, or ‘Flat-rate’ use) and are generally licensed on a per use basis.
A licence for use of an image may be non-exclusive (Not Rights Protected) or exclusive (Rights Protected):
Non-exclusive (Not Rights Protected):
- ▪ The buyer must specify: intended use, media, size of final use, print run, territory and duration.
- ▪ The buyer pays a licence fee for each particular use of an image, but another buyer may also purchase and use the same image under the same type of licence in a different territory and for the same kind of use at the same time.
- ▪ Pricing is based on intended use, media, size of final use, print run, duration and territory. The territorial pricing may be negotiable with regard to the specific country.
Exclusive (Rights Protected):
- ▪ The buyer must specify: intended use, media, size of final use, print run, territory and duration.
- ▪ The buyer pays a licence fee for each particular use of an image, but may ensure that the same image is not used by their competitors by obtaining a degree of exclusivity for the intended use.
- ▪ Rights protection can be an advantage for high-profile projects such as ad campaigns and promotions.
- ▪ Pricing is based on intended use, media, size of final use, print run, duration and territory, and for this type of licence varies depending on the terms requested – typically licenses with exclusive terms may cost 20-30% more to guarantee exclusivity for a particular use.
TERMS AND CONDITIONS
All the images on this site are the copyright of Richard Jenkins Photography and must not be used for any purpose unless a Licence to Use is purchased.
Copyright. No ownership or copyright in any Licensed Material shall pass to Licensee by the issuance of the license contained in this Agreement. Except as expressly stated in this Agreement, Licensor grants Licensee no right or license, express or implied, to the Licensed Material.
Below are our Terms and Conditions. These are the standard Terms and Conditions used by the majority of Picture Libraries in Great Britain.
TERMS AND CONDITIONS OF REPRODUCTION OF IMAGES
Please read these Terms and Conditions carefully and thoroughly and contact Richard Jenkins Photography if you do not understand or accept this Agreement.
No variation of these terms or conditions shall be effective unless agreed in writing.
“Image” means any item which may be offered for the purposes of reproduction including photographs, transparencies, negatives, artwork, painting, montage, drawing or engravings, including Digital Images.
“Reproduction” includes any form of publication or copying of the whole or part of the Image, altered or not, whether by printing, photography, slide projection, xerography, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any means whether now known or subsequently invented.
LICENCE FOR USE OF IMAGES
1) The reproduction by whatever means of the whole or any part of any Image (including, without limitation, slide projection, artist’s reference, artist’s illustration, layout or presentation of Images) is strictly forbidden without our specific written permission. You must inform us of your proposals as to when and how an Image is intended to be used. We will then consider whether we would wish to grant a licence and, if so, on what terms.
2) No reproduction rights are granted by virtue of delivery of Images unless expressly indicated. Your right to reproduce an Image arises only if (a) licence terms are agreed and (b) our invoice relating to the grant of such right is fully paid. Any reproduction before payment of the invoice or outside the terms of any licence constitutes an infringement of copyright and also a breach of this Agreement entitling us to rescind and claim damages. You must indemnify us in respect of any claims, damages, costs or expenses we incur arising from any reproduction of any Image supplied to you.
3) You must satisfy yourself that all necessary rights, model releases or consents which may be required for reproduction are obtained and that the use of any image is not obscene, indecent, libellous or unlawful. We make no claim or warranty with regard to your use of content, names, text, people, trademarks or copyright material depicted in any Image and you will indemnify us in respect of any claims, damages, costs or expenses we incur arising from the use of any Image supplied to you.
4) Richard Jenkins Photography will supply accurate caption and copyright information which must be used. All images must be credited on all and any media, in in any edition or format.
5) Reproduction rights (if granted), unless otherwise agreed in writing are
a) subject to these terms and conditions and any terms and conditions set out in the licence and invoice,
b) non-exclusive reproduction rights for single use only in Great Britain. A single use means a reproduction in one size for one edition of a single publication, published in one language only,
c) strictly limited to the use, period of time and territory stated in the licence,
d) personal to you and not assignable by you to any third party.
6) If we agree that you may licence the use of any Image to any third party, you shall enter into an agreement with such third party to ensure that they are bound by licence terms restricting printing, copying, networking, multiple access or other use of the Images to personal use only, forbidding the assignment, resale, rental and lending of the Image and ensuring that credit is given to us and the author.
7) You must credit us and the author as specified by us every time an Image is used. If you fail to credit the Image an additional 50% of the original licence fee will be payable.
8 ) Images shall not be altered or manipulated, added to, or have any part deleted without our prior written consent.
8.1 If any Licensed Material featuring a model is used in (i) a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service; or (ii) in connection with a subject that would be unflattering or controversial to a reasonable person, Licensee must accompany each such use with a statement that indicates that the person so pictured is a model and is used for illustrative purposes only.
8.2 Pornographic, defamatory or otherwise unlawful use of Licensed Material is strictly prohibited.
8.3 Licensed Material shall not be incorporated into a logo, trademark or service mark.
9) You must provide us on publication with at least one complimentary copy of any publication in which the reproduction of the Image appears.
DIGITAL USE OF IMAGES
10) You acknowledge that Images are our valuable property, including Digital Images.
11) You may not create, store or transmit Digital Images without our permission except so far as is incidentally and wholly necessary to the process of producing items licensed by us. If permission is granted the following conditions apply:
12) Each Digital Image created by you shall be recorded and labelled with the Image reference number used by us and our copyright credit information as an integral part of the image file, and held on an electronic database under your sole possession and control.
13) Unless otherwise agreed, any Digital Image you create must not be greater in size than 725×484 pixels, 72ppi. Any use of the Digital Images shall be in a format designed so that it will not be possible to alter, manipulate or adapt any Digital Image in any way during the normal course of using the product.
USE OF WEBSITE WWW.RJENKINS.CO.UK
14) You may save/download low-resolution Images from the website for evaluation and comp/layout purposes only. You may not use images in any final products for distribution in printed or electronic form. You may not modify or remove any visible or invisible electronic watermark.
15) While we make all reasonable attempts to exclude viruses from the website, we cannot ensure such exclusion and no liability is accepted for viruses. Thus, you are recommended to take all appropriate safeguards before downloading information or images from the website.
16) While we take reasonable care in the performance of this agreement, we shall not be liable for any loss or damage suffered by you or by any third party arising from use or reproduction of any Image or its caption. Damages for any other breach shall be limited to the licence fee paid by you.
17) You must pay any invoice within 30 days of issue.
18) If you do not pay in accordance with these terms then we may at our option rescind this Agreement and recover damages, or charge interest at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 from the date payment was due until payment is made.
19) Any licence granted will terminate immediately if you (a) die, (b) enter into voluntary or compulsory liquidation; (c) have a receiver appointed; or (d) fail to perform any of your obligations under these Terms and Conditions within 28 days of our giving you notice to comply. In the event of termination, all rights granted will immediately revert to us and any further exploitation of any Image shall constitute an infringement of copyright.
20) Any publication right (as defined in the Copyright and Related Rights Regulations 1996) arising from your use of any Image shall vest in us and you hereby assign all such rights arising to us.
21) Our failure to exercise or enforce any of our rights will not be deemed to be a waiver of such rights nor bar their exercise or enforcement in future.
22) Should any disagreement arise between us, we shall, if we both agree, first try to settle it by a mediation procedure.
23) These Terms and Conditions shall be governed by the laws of England and Wales and the parties agree to submit the jurisdiction of the English courts, such jurisdiction to be exclusive, save for infringement of copyright or non payment of our invoices where it will be non-exclusive. However if our business address specified overleaf is in Scotland then these terms and conditions shall be governed by the laws of Scotland and the parties agree to submit to the jurisdiction of the Scottish courts, such jurisdiction to be exclusive, save for infringement of copyright or non-payment of our invoices where it will be non-exclusive.
Please email email@example.com with any questions, requests or usage quotations.